RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  02-03392

		COUNSEL:  NONE

		HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

He be considered by a special review board (SRB) for promotion to the grade of lieutenant colonel by the Fiscal Year 2003 (FY03) Line and Health Professions Lt Colonel Position Vacancy (PV) Selection Board with inclusion of the Officer Performance Reports closing out 9 May 2001 and 9 May 2002.

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APPLICANT CONTENDS THAT:

At the time of FY03 Lt Col selection board, his records were not accurate and did not contain certified copies of either his 2001 and 2002 Officer Performance Reports.  Therefore, selection board members were not provided an accurate picture of his military career and this omission misrepresented his level of attention to detail and negatively impacted his opportunity for promotion.

Applicant’s complete submission is attached at Exhibit A.

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STATEMENT OF FACTS:

The applicant is currently serving on extended active duty in the grade of major.

Applicant was considered and not selected for promotion to the grade of lieutenant colonel by the FY03 Line and Health Professions Lt Colonel Selection Board that convened on 24 Jun 02.

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AIR FORCE EVALUATION:

ARPC/DPB stated the OPR closing 6 May 2001 was eligible for consideration by the selection board, but was not received or entered into his record until 5 August 2002.  This missing document could have negatively impact his promotion opportunity.  DPB recommended awarding a special review board (SRB) in-lieu-of the FY03 Line and Health Profession Lt Colonel PV selection board.  His OPR closing out 9 May 2001 should be placed in his selection record, along with the remainder of his selection record and the Promotion Recommendation Form received for the original board.  His record should be compared with the benchmark records of that board.  If selected, he could be awarded a date of rank of 12 September 2002, the date awarded other PV selectees from that board.  If not selected, no further action is required.  

The OPR closing 9 May 2002 was not received until 22 August 2002; however, it was not overdue for the June 2002 selection board.  It was not due for filing until 6 August, nearly two months after the board adjourned.  If it had arrived prior to the selection board, it would have been considered.  As it did not arrive and was not due for filing until well after the board adjourned, it is not eligible for the board.

ARPC/DPB complete evaluation is at Exhibit C.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant reviewed the Air Force evaluation and stated that the 2002 OPR was forwarded via Federal Express on 28 May 2002 and mailed by his servicing mission support squadron (MSS) on 31 May 2002.  A copy of the FedEx tracking results shows the arrival at ARPC with personal accountability (signed by  ) on 29 May 2002, 27 days prior to the FY03 Line and Health Professional Lt Col PV selection board.  The 2002 OPR was sent via FedEx with the specific purpose of ensuring it would be considered by the FY03 board.  He respectfully requests that the 9 May 2002 OPR be included in his records when submitted for a SRB.

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THE BOARD CONCLUDES THAT:

1.  The applicant has exhausted all remedies provided by existing law or regulations.

2.  The application was timely filed.

3.  Sufficient relevant evidence has been presented to demonstrate the existence of error or injustice in regards to the contested OPR closing May 2001.  After reviewing the comments provided by the Air Force, we are persuaded that the OPR closing 9 May 2001 should have been in his records at the time the FY03 board convened.  Therefore, recommend his record with inclusion of the OPR closing 9 May 2001 be considered for promotion to the Reserve grade of Lieutenant Colonel by Special Review Board 

4.  Insufficient relevant evidence has been presented to demonstrate the existence of an error or injustice regarding the applicant’s request that his May 2002 OPR be included in the FY03 selection process.  After reviewing the evidence provided, we are not persuaded that supplemental consideration for promotion by Special Selection Board (SSB) is warranted for the May 2002 OPR.  The applicant’s states that his OPR that closed May 2002 was not on file prior to the FY03 Line and Health Professions Lieutenant Colonel Selection Board in question.  In this respect, the Board notes that the OPR closing May 2002 was not received by ARPC until 22 August 2002.  However, the OPR was not overdue for the June 2002 selection board.  The OPR was not due for filing until 6 August 2002, nearly two months after the board adjourned.  Therefore, we agree with the opinion and recommendation of the Air Force office of primary responsibility and adopt their rationale as the basis for our conclusion that the applicant has not been the victim of an error or injustice.

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THE BOARD RECOMMENDS THAT:

The pertinent military records of the Department of the Air Force relating to APPLICANT, to include the Officer Performance Report for the period 10 May 2000 through 9 May 2001, be considered for promotion to the grade of lieutenant colonel, Air Force Reserve, by a Special Review Board (SRB); that his record be evaluated in comparison with the records of officers were and were not selected by the FY03 Line and Health Profession Lieutenant Colonel Overall Vacancy Selection Board which convened on 24 June 2002; and if recommended for promotion by the SRB, the Air Force Board for Correction of Military Records be advised of that recommendation at the earliest practicable date so that all necessary and appropriate actions may be completed.

If he is not recommended for promotion by the SRB, the office of primary responsibility advise him accordingly.

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The following members of the Board considered this application in Executive Session on 29 January 2003, under the provisions of AFI 36-2603:

			Panel Chair
			Member
			Member

The following documentary evidence was considered:

	Exhibit A.	DD Form 149, dated 16 Oct 02.
	Exhibit B.	Applicant's Master Personnel Records.
	Exhibit C.	Letter, ARPC/DPB, dated 30 Oct 02.
	Exhibit D.	Letter, SAF/MRBR, dated 8 Nov 02.

	

AFBCMR 02-03392

MEMORANDUM FOR THE CHIEF OF STAFF

	Having received and considered the recommendation of the Air Force Board for Correction of Military Records and under the authority of Section 1552, Title 10, United States Code (70A Stat 116), it is directed that:

	  The pertinent military records of the Department of the Air Force relating to APPLICANT, to include the Officer Performance Report for the period 10 May 2000 through 9 May 2001, be considered for promotion to the grade of lieutenant colonel, Air Force Reserve, by a Special Review Board (SRB); that his record be evaluated in comparison with the records of officers who were and were not selected by the FY03 Line and Health Profession Lieutenant Colonel Overall Vacancy Selection Board which convened on 24 June 2002; and if recommended for promotion by the SRB, the Air Force Board for Correction of Military Records be advised of that recommendation at the earliest practicable date so that all necessary and appropriate actions may be completed.

	  If he is not recommended for promotion by the SRB, the office of primary responsibility advise him accordingly.